RAM SINGH Vs. STATE OF KERALA

JUDGEMENT

(1.) This application is filed under Section 439 of the Cr.P.C.

(2.) The applicant herein is the 3rd accused in S.C. No.283 of 2018 on the file of the Sessions Court, Kottayam. He along with the rest of the accused stands charge sheeted under Sections 457, 461 and 394 r/w. Section 34 of the IPC.

(3.) It is the case of the prosecution that the applicant and the rest of the accused are citizens of Nepal. On 17.3.2018 at 11.45 p.m., the applicant along with the rest of the accused are alleged to have trespassed into the office room of the Mattathilparambil Fuels, Vattamala, Pampady with intent to commit robbery and attacked the de facto complainant, who was an employee, with an iron rod. After inflicting serious injuries, he was immobilized with a cord. Thereafter, they are alleged to have robbed a sum of Rs.One lakh kept in the almirah. The acts committed by the applicant and the others were recorded in the camera placed inside the room. The crime was registered later and the applicant herein, who managed to flee, was arrested from Bangalore. Based on the disclosure statement given by the accused, the weapons used for inflicting injuries were recovered.